Last Updat­ed on June 19, 2023 

Flori­da Work­ers Comp Resources. Call Now for a FREE Con­sult with an Expe­ri­enced Flori­da Work­ers Comp Lawyer at 844–682‑0999.

Florida Workers Compensation Resources for Injured Workers

Quick Summary of Resources

List the Benefits available under the Florida Workers Comp Laws 

The ben­e­fits avail­able under the Flori­da work­ers’ com­pen­sa­tion laws include med­ical ben­e­fits, lost wages, voca­tion­al reha­bil­i­ta­tion, death ben­e­fits, and funer­al expens­es. Addi­tion­al­ly, claimants may be eli­gi­ble for addi­tion­al ben­e­fits depend­ing on their spe­cif­ic circumstances.

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People also ask

• How does work­ers’ com­pen­sa­tion work in Florida? 
  • In the state of Flori­da, work­ers’ com­pen­sa­tion ben­e­fits are pro­vid­ed to employ­ees who suf­fer a job-relat­ed injury or ill­ness. The ben­e­fits are intend­ed to cov­er med­ical expens­es, lost wages, and oth­er costs asso­ci­at­ed with the injury or ill­ness. Employ­ers and employ­ees are both required to pay into the work­ers’ com­pen­sa­tion sys­tem in order for ben­e­fits to be avail­able. Once a claim is filed, the work­ers’ com­pen­sa­tion insur­ance com­pa­ny will review the claim and deter­mine whether to approve or deny ben­e­fits. If the claim is approved, the insur­ance com­pa­ny will pro­vide the employ­ee with ben­e­fits as out­lined by Flori­da law.
• How do I get work­man’s comp in Florida? 
  • To receive work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da, an employ­ee must first file a claim with the employ­er. The employ­ee must pro­vide the employ­er with notice of the injury or ill­ness with­in 30 days of the inci­dent. The employ­ee must also pro­vide the employ­er with proof of the injury or ill­ness, such as med­ical doc­u­men­ta­tion. If the employ­er agrees to the claim, the employ­ee may be eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits under Flori­da law.
• How long can you stay on work­man’s comp in Florida? 
  • The length of time a claimant can receive work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da will depend on the sever­i­ty of the injury or ill­ness. Gen­er­al­ly speak­ing, claimants may receive ben­e­fits for up to 104 weeks (2 years). In some cas­es, ben­e­fits may be extend­ed beyond 104 weeks if the claimant is still unable to work due to their injury or illness.
• Does my employ­er have to hold my job while on work­ers’ comp in Florida? 
  • Yes, under the Flori­da work­ers’ com­pen­sa­tion laws, employ­ers are gen­er­al­ly required to hold an employee’s job for up to twelve weeks while the employ­ee is receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. After twelve weeks, the employ­er is no longer required to hold the employee’s job and may ter­mi­nate the employee’s employment.

What is Florida Workers Comp Lawyers Hotline? 844–682‑0999

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What is the Value of Loss of Body Parts in Florida

Can one imag­ine if some­one can put a val­ue on a body part due to work relat­ed injury? Because how the work­ers’ comp laws are set­up in var­i­ous states, the answer is YES ! For any­one with a trau­mat­ic injury, due to no fault of theirs, is sim­ply beyond com­pre­hen­sion and imagination.

How Much Are Body Parts Worth with Workers’ Comp in Florida?

Each state has legal­ly set­up a mech­a­nism to deter­mine the val­ue for body part due to work acci­dent injuries. Flori­da does not have a set sched­ule as many oth­er states do. How­ev­er, that does not deter the legal process to arrive at a val­ue for loss of body part or the impairment. 

Worker Comp Lawyer and Lump-sum Settlement of Bodily Injury

An expe­ri­enced Flori­da Work­ers’ Com­pen­sa­tion Lawyer can help estab­lish your work injury and with expert med­ical reports, the relat­ed impair­ment. This can lead to a bet­ter lump-sum set­tle­ment. Fol­low­ing is a table that can be con­sid­ered as a gen­er­al val­ue for cal­cu­lat­ing work­ers’ comp settlements:

NOTE: The above is based on 2015 val­ues and is give an out­line of how val­ues com­pare and not meant to be spe­cif­ic legal advice. Your cir­cum­stances and facts may be dif­fer­ent and an expe­ri­enced Flori­da Work­ers Comp Lawyer can help you with your work relat­ed injury. 

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Florida Guidelines and for Injured Workers and Duties

If You have an Accident or are Injured on the Job in Florida, You MUST:

1. Tell your employ­er you have been injured, as soon as pos­si­ble. The law requires that you report the acci­dent or your knowl­edge of a job-relat­ed injury with­in 30 days of your knowl­edge of the acci­dent or injury.
2. When you do so, you must ask your employ­er what doc­tor you can see. You must see a doc­tor autho­rized by your employ­er or the insur­ance company.
3. Your employ­er may tell you to call the insur­ance com­pa­ny han­dling your claim; the name and phone num­ber should be on the “Bro­ken Arm” poster that should be post­ed at your workplace.
4. If it is an emer­gency and your employ­er is not avail­able to tell you where to go for treat­ment, go to the near­est emer­gency room and let your employ­er know as soon as pos­si­ble what has happened.
5. Your employ­er is required by law to report your injury to the insur­ance com­pa­ny with­in 7 days of when you report your acci­dent or injury. Fla. Stat. § 440.185(1).
   • Obtain a copy of your acci­dent report or first notice of injury from your employer. 
   • If they do not do this, and they do not give you a phone num­ber for the insur­ance com­pa­ny to call, you can call the Flori­da Work­ers’ Com­pen­sa­tion (WC) hot­line for assis­tance at 1–800-342‑1741.
6. After you or your employ­er report the injury to the insur­ance com­pa­ny, many com­pa­nies will have an insur­ance claim adjuster call you with­in 24 hours to explain your rights and oblig­a­tions. Ask your insur­ance carrier/adjuster for your claim number.
7. If you receive a mes­sage and a num­ber to call, you should call as soon as pos­si­ble to find out what you need to do to get med­ical treatment.
8. With­in 3–5 busi­ness days after you or your employ­er report the acci­dent, you should receive an infor­ma­tion­al brochure explain­ing your rights and oblig­a­tions, and a Noti­fi­ca­tion Let­ter explain­ing the ser­vices pro­vid­ed by the Employ­ee Assis­tance Office of the Divi­sion of Work­ers’ Com­pen­sa­tion. These forms may be part of a pack­et which may include some or all of the following: 
   • A copy of your acci­dent report or “First Report of Injury or Ill­ness,” which you should read to make sure it is correct;
   • A fraud state­ment, which you must read, sign and return as soon as pos­si­ble, or ben­e­fits may be tem­porar­i­ly with­held until you do so;
   • A release of med­ical records for you to sign and return; and
   • Med­ical mileage reim­burse­ment forms that you should fill out, after seek­ing med­ical treat­ment, and send to your claims adjuster for reimbursement.
9. If you do not receive a call or the infor­ma­tion pack­et from the insur­ance com­pa­ny, you can call the Flori­da WC hot­line for assis­tance at 1–800-342‑1741.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Guidelines to When You see the Florida Approved Worker Comp Doctor?

1. Give the doc­tor a full descrip­tion of the acci­dent or how you were injured.
2. Answer all ques­tions the doc­tor might have about any past or cur­rent med­ical con­di­tions or injuries.
3. Dis­cuss with the doc­tor if the injury is relat­ed to work or not.
4. If relat­ed to work, find out if you can work or not.
5. If you are released to work but can’t return to your same job, you should get instruc­tions from the doc­tor on what work you can and can­not do.
6. Keep and attend all appoint­ments with your doc­tor, or ben­e­fits may be suspended.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Duties and Guidelines After seeing the Workers Comp Doctor?

1. Speak with your employ­er as soon as you leave the doc­tor. Explain to them what work the doc­tor said you can and can­not do.
2. If you are admit­ted to a hos­pi­tal, call or have some­one call your employ­er for you to explain what hap­pened and where you are.
3. Give your employ­er the doctor’s note as soon as possible.
4. Ask your employ­er if they have work for you to return to that does not require you to do things the doc­tor said you can­not do yet. 
   • If yes, ask when you should report for work.
   • If not, make sure your employ­er has a way to con­tact you if appro­pri­ate work becomes available.
5. Con­tact the insur­ance com­pa­ny and let them know what the doc­tor said about your injuries and work status.
6. You should con­tin­ue to stay in con­tact with your employ­er and the insur­ance com­pa­ny through­out your treat­ment and recovery.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are the Florida Injured Workers Comp Benefits you may receive?

1. Mon­ey you may be enti­tled to: 
   • Indem­ni­ty Ben­e­fits: If you are unable to work for more than 7 days, you should receive mon­ey to part­ly replace what you were not able to earn after your accident.
   • Tem­po­rary Total Dis­abil­i­ty (TTD) — Can­not Work If you can return to work, but you can­not earn the same wages you earned at the time you were hurt:
   • You will receive mon­ey equal­ing 80% of the dif­fer­ence between 80% of what you earned before your injury and what you are able to earn after your injury. Example: 
     • Your aver­age week­ly wage: $320 (Earn­ings before injury) X .80 = $256
     • Your week­ly earn­ing after injury: -$150 $106 $106 X .80 = $84.80 Week­ly tem­po­rary par­tial dis­abil­i­ty ben­e­fit: $84.80
   • Tem­po­rary Par­tial Dis­abil­i­ty (TPD) — Released To Restrict­ed Duty
     • Once your doc­tor says you are at Max­i­mum Med­ical Improve­ment, you are as good as he or she expects you to get. At this point your doc­tor should eval­u­ate you for: 
       • Pos­si­ble per­ma­nent work restric­tions and,
       • A per­ma­nent impair­ment rat­ing. If you receive a per­ma­nent impair­ment rat­ing, you will receive mon­ey based on that rating.
   • You can receive up to a total of 104 weeks of tem­po­rary total dis­abil­i­ty and/or tem­po­rary par­tial disability.
   • Death Ben­e­fits
     • If a work-relat­ed death occurs with­in one year of the date of acci­dent or five years of con­tin­u­ous dis­abil­i­ty, the fol­low­ing ben­e­fits may be due and payable up to a max­i­mum of $150,000:
     • Funer­al expens­es up to $7,500
     • Com­pen­sa­tion to depen­dents, as defined by law
     • Edu­ca­tion­al ben­e­fits to the sur­viv­ing spouse
2. Med­ical treatment: 
   • Your employ­er is respon­si­ble for pro­vid­ing med­ical treat­ment, this includes the following: 
     • doctor’s vis­it
     • hos­pi­tal­iza­tion
     • phys­i­cal therapy
     • med­ical tests
     • pre­scrip­tion drugs
     • pros­the­ses
     • atten­dant care
     • Mileage reim­burse­ment for trav­el to and from your autho­rized doc­tor and the pharmacy.
   • Do not go on your own to your pri­vate doc­tor for treat­ment. The insur­ance com­pa­ny must autho­rize the doc­tor who is to treat you.
   • Do not skip appoint­ments. This may cause your ben­e­fits to stop.
   • If you do not get a doctor’s name from the insur­ance com­pa­ny, you should con­tact your adjuster and ask for a doctor.
3. Voca­tion­al reha­bil­i­ta­tion assis­tance you may receive:
4. If you are unable to return to your job because of per­ma­nent work restric­tions result­ing from your on-the-job injury, you may obtain assis­tance from the Work­ers’ Com­pen­sa­tion Voca­tion­al Reha­bil­i­ta­tion Sec­tion of the Flori­da Depart­ment of Edu­ca­tion at the fol­low­ing web site or phone numbers: 
   • https://www.rehabworks.org/
   • Tele­phone: (850) 245‑3470

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

Do I have to pay any of my medical bills? 

No, all autho­rized med­ical bills should be sub­mit­ted by the med­ical provider to your employ­er’s insur­ance com­pa­ny for payment.

• Ref­er­ence: Sec­tion 440.13(13), Flori­da Statutes

If You Dispute Your Insurance Company Adjuster for Lack of Cooperation in Getting Your Medical Bills Paid, Your Treatment, Your Wages and Benefits, You Must Call an Experienced Florida Lawyer

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What are the Employee Obligations and Duties under the Florida Workers Compensation Laws?

Flori­da Employ­ee Work­ers’ Com­pen­sa­tion Crim­i­nal Vio­la­tions. The fol­low­ing are crim­i­nal vio­la­tions of s. 440.105, F.S., that con­sti­tute a felony of the first, sec­ond or third degree depend­ing on the mon­e­tary val­ue of the fraud as pro­vid­ed in s. 775.082, s. 775.083, or s. 775.084, F.S.:

• Fil­ing a false claim of on-the-job injuries or exag­ger­at­ing injuries.
• An injured employ­ee or any par­ty mak­ing a claim of an on-the-job injury will be required to pro­vide his or her per­son­al sig­na­ture attest­ing that he or she has reviewed, under­stands, and acknowl­edges the fol­low­ing statement: 
  • “Any per­son who, know­ing­ly and with intent to injure, defraud, or deceive any employ­er or employ­ee, insur­ance com­pa­ny, or self-insured pro­gram, files a state­ment of claim con­tain­ing any false or mis­lead­ing infor­ma­tion com­mits insur­ance fraud, pun­ish­able as pro­vid­ed in s. 817.234.”
  • If the injured employ­ee or par­ty refus­es to sign the doc­u­ment, ben­e­fits or pay­ments shall be sus­pend­ed until such sig­na­ture is obtained.

Source: Flori­da Work­ers’ Com­pen­sa­tion Sys­tem Guide — August 2011

What are Employer Obligations and Requirements for Worker Comp under Florida Law?

• Non-con­struc­tion employ­ers are required to have work­ers’ com­pen­sa­tion insur­ance if they employ 4 or more employees. 
• Con­struc­tion employ­ers are required to have work­ers’ com­pen­sa­tion insur­ance if they employ 1 or more employ­ees. Applic­a­ble statute: Fla. Stat. §440.02(17)(b)2.
• Your employ­er must fur­nish you with med­ical­ly nec­es­sary reme­di­al treat­ment, care, and atten­dance for such peri­od as the nature of the injury or the process of recov­ery may require. Applic­a­ble statute: Fla. Stat. §440.13(2)(a).
• If your employ­er fails to pur­chase work­ers’ com­pen­sa­tion insur­ance and was required to do so by law, you may elect to bring suit against your employ­er to pro­vide you with work­ers’ com­pen­sa­tion ben­e­fits under Florida’s work­ers’ com­pen­sa­tion law or to main­tain an action at law for dam­ages. Applic­a­ble statute: Fla. Stat. §440.11(1)(a).

When should my employer report the injury to their insurance company? 

Your employ­er should report the injury as soon as pos­si­ble, but no lat­er than sev­en (7) days after their knowl­edge. The insur­ance com­pa­ny must send you an infor­ma­tion­al brochure with­in three (3) days after receiv­ing notice from your employ­er. The brochure will explain your rights and respon­si­bil­i­ties, as well as pro­vide addi­tion­al infor­ma­tion about the work­ers’ com­pen­sa­tion law. 

• Ref­er­ence: Sec­tion 440.185, Flori­da Statutes

My employer will not report my injury to the insurance company. What can I do? 

You have the right to report the injury to their insur­ance com­pa­ny. How­ev­er, if you need assis­tance, con­tact the Employ­ee Assis­tance Office (EAO) at (800) 342‑1741 or e‑mail wceao@myfloridacfo.com

• Ref­er­ence: Sec­tion 440.185, Flori­da Statutes

Florida Workers Compensation Facts and FAQ

What is the most common workers’ comp injury in Florida ? 

The most com­mon work­ers’ com­pen­sa­tion injury in the state of Flori­da is a strain or sprain, which accounts for near­ly 40% of all work­ers’ com­pen­sa­tion claims. Oth­er com­mon work­ers’ com­pen­sa­tion injuries in Flori­da include cuts, frac­tures, and repet­i­tive stress injuries.

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 25,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for strains and sprains in 2021.

The Flori­da Office of Insur­ance Reg­u­la­tion reports that there were over 10,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for cuts in 2021.

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 8,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for frac­tures in 2021.

The Flori­da Office of Insur­ance Reg­u­la­tion reports that there were over 8,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da for repet­i­tive stress injuries in 2021.

Which Type of Industry had the highest number of Workers Comp Injuries in Florida? 

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, the indus­try with the high­est num­ber of work­ers’ com­pen­sa­tion claims in the state of Flori­da is con­struc­tion, with over 8,000 claims in 2021. Oth­er indus­tries with high num­bers of work­ers’ com­pen­sa­tion claims in Flori­da include retail, man­u­fac­tur­ing, and transportation.

What was the Largest Award for Workers Compensation in Florida ?

In 2007, a court award­ed a claimant over $1.7 mil­lion dol­lars in work­ers’ com­pen­sa­tion ben­e­fits in the state of Florida.

Accord­ing to the Flori­da Depart­ment of Finan­cial Ser­vices, the largest award for work­ers’ com­pen­sa­tion in the state of Flori­da was in 2007, when a court award­ed a claimant over $1.7 mil­lion dol­lars in ben­e­fits. The claimant had suf­fered a dis­abling injury while work­ing for a roof­ing com­pa­ny. The injury was severe enough to require mul­ti­ple surg­eries and a lengthy peri­od of recov­ery. The court found that the claimant was unable to return to his job and was unable to find oth­er suit­able employ­ment as a result of his injury. As such, the court award­ed the claimant the full amount of ben­e­fits he was enti­tled to under Flori­da law.

List top 10 counties of Florida by Workers Comp Awards in 2021 

The top 10 coun­ties in Flori­da with the high­est amount of work­ers’ com­pen­sa­tion awards in 2021, in order, are Mia­mi-Dade, Broward, Duval, Orange, Palm Beach, Hills­bor­ough, Pinel­las, Polk, Lee, and Collier.

What are top 10 Injuries in Miami-Dade County for Workers Comp? 

The top 10 injuries in Mia­mi-Dade Coun­ty, Flori­da for work­ers’ com­pen­sa­tion in 2021, in order, are strains and sprains, cuts, frac­tures, repet­i­tive stress injuries, con­tu­sions and abra­sions, burns, lac­er­a­tions, inter­nal injuries, sprains, and dislocations.

What is the highest Award for an Injury in Miami-Dade County for 2021 for Workers Comp ?

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, the high­est award for work­ers Comp injury in Mia­mi-Dade Coun­ty, Flori­da for work­ers’ com­pen­sa­tion in 2021 was $1,619,912. The claimant had suf­fered a severe back injury that required mul­ti­ple surg­eries and a lengthy peri­od of recov­ery. The court found that the claimant was unable to return to his job and was unable to find oth­er suit­able employ­ment as a result of his injury. As such, the court award­ed the claimant the full amount of ben­e­fits he was enti­tled to under Flori­da law.

How many Insurance companies for Workers Comp licensed in Florida ? 

There are over 350 insur­ance com­pa­nies that are licensed to pro­vide work­ers’ com­pen­sa­tion insur­ance in the state of Flori­da. The Flori­da Office of Insur­ance Reg­u­la­tion web­site con­tains a list of all the insur­ance com­pa­nies that are licensed to pro­vide work­ers’ com­pen­sa­tion insur­ance in the State of Florida.

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Florida Medical Related Questions for Workers Comp

Is the Drug test mandatory for Workers Comp in Florida ? 

Yes, in cer­tain cas­es, employ­ers may require employ­ees to under­go drug test­ing as part of the work­ers’ com­pen­sa­tion process in the state of Flori­da. Specif­i­cal­ly, employ­ers may require drug test­ing for claimants who suf­fer an injury that result­ed from intox­i­ca­tion, an injury for which the claimant was not wear­ing appro­pri­ate safe­ty gear, or an injury that is not con­sis­tent with the descrip­tion of the acci­dent giv­en by the claimant. Addi­tion­al­ly, employ­ers may require drug test­ing for claimants who are sus­pect­ed of fraud or exag­ger­at­ing the extent of their injuries.

How many Physicians approved by Florida Workers Comp ? 

The Flori­da Divi­sion of Work­ers’ Com­pen­sa­tion lists over 5000 physi­cians that are approved to pro­vide med­ical care to work­ers’ com­pen­sa­tion claimants in the state of Florida. 

What are the Top 10 major Physician types Approved for Workers Comp in Florida? 

The top 10 major physi­cian types approved for work­ers’ com­pen­sa­tion in the state of Flori­da, in order, are sur­geons, anes­the­si­ol­o­gists, ortho­pe­dists, neu­rol­o­gists, psy­chi­a­trists, internists, fam­i­ly prac­tice physi­cians, phys­i­cal ther­a­pists, chi­ro­prac­tors, and radiologists.

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Florida Employment Related Questions for Workers Comp

How is Florida Workers’ Compensation Verification performed? 

In the state of Flori­da, employ­ers are required to report all work-relat­ed injuries and ill­ness­es to the Divi­sion of Work­ers’ Com­pen­sa­tion. Employ­ers must pro­vide the divi­sion with the employee’s name, social secu­ri­ty num­ber, date of injury, and a descrip­tion of the injury. The divi­sion then ver­i­fies the infor­ma­tion and con­firms that the employ­ee is eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits. The divi­sion also mon­i­tors the employer’s com­pli­ance with the work­ers’ com­pen­sa­tion laws. 

Can You be Fired while on Workers Comp in Florida? 

Yes, it is pos­si­ble to be fired while on work­ers’ com­pen­sa­tion in the state of Flori­da. How­ev­er, it is impor­tant to note that employ­ers are pro­hib­it­ed from ter­mi­nat­ing employ­ees sole­ly because they are receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. Addi­tion­al­ly, employ­ees who are ter­mi­nat­ed while receiv­ing work­ers’ com­pen­sa­tion ben­e­fits may be eli­gi­ble for cer­tain pro­tec­tions under the law.

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Legal Process of Florida Workers Compensation Laws

How long does it take to get Your case Settled in Florida for Workers Comp ? 

The length of time it takes for a work­ers’ com­pen­sa­tion case to be resolved in the state of Flori­da can vary great­ly depend­ing on the com­plex­i­ty of the case and the amount of evi­dence that needs to be reviewed. Gen­er­al­ly speak­ing, the process can take any­where from a few months to sev­er­al years.

List 10 reasons why you need a Lawyer to represent Your Case for Workers Comp in Florida? 

1. A lawyer can assist with the fil­ing of your work­ers’ com­pen­sa­tion claim. 
2. A lawyer can advise you of your rights and respon­si­bil­i­ties under Flori­da law. 
3. A lawyer can help you nav­i­gate the com­plex legal sys­tem and ensure that all legal dead­lines are met.
4. A lawyer can help you obtain nec­es­sary med­ical doc­u­men­ta­tion to sup­port your claim.
5. A lawyer can rep­re­sent you in nego­ti­a­tions with insur­ance companies.
6. A lawyer can help you under­stand the var­i­ous forms that must be filed dur­ing the work­ers’ com­pen­sa­tion process.
7. A lawyer can help you under­stand the var­i­ous laws and reg­u­la­tions gov­ern­ing work­ers compensation.
8. A lawyer can help you under­stand the appeals process in the event of a denied claim.
9. A lawyer can ensure that your rights are pro­tect­ed through­out the claims process.
10. A lawyer can rep­re­sent you in court if necessary.

List all the forms needed to file a workers’ comp case in Florida 

1. Employer’s First Report of Injury or Ill­ness Form (DWC‑1) 2. Claim for Ben­e­fits Form (DWC‑2) 3. Employer’s Request for Hear­ing Form (DWC‑3) 4. Employee’s Request for Hear­ing Form (DWC‑4) 5. Notice of Change of Address Form (DWC‑5) 6. Med­ical Autho­riza­tion Form (DWC‑6) 7. Notice of Clo­sure of Claim Form (DWC‑7) 8. Notice of Set­tle­ment Form (DWC‑8) 9. Claimant’s Request for Review Form (DWC‑9) 10. Notice of Denial of Ben­e­fits Form (DWC-10)

How many cases were Denied Workers Comp Benefits in 2021 for Florida? 

Accord­ing to the Flori­da Office of Insur­ance Reg­u­la­tion, there were over 4,000 work­ers’ com­pen­sa­tion claims in the state of Flori­da that were denied ben­e­fits in 2021. The types of injuries that were most com­mon­ly denied work­ers’ com­pen­sa­tion ben­e­fits in the state of Flori­da in 2021 includ­ed strains and sprains, frac­tures, cuts, con­tu­sions and abra­sions, burns, lac­er­a­tions, inter­nal injuries, sprains, and dislocations.

How long do I have to sue for Work Related Injuries in Florida? 

In the state of Flori­da, claimants have two years from the date of their injury to file a law­suit for a work-relat­ed injury. If the claim is not filed with­in two years, the claimant may be barred from bring­ing a lawsuit.

What top 10 types of Issues are not covered by Florida Workers Compensation Laws? 

1. Inten­tion­al injuries caused by the employer.
2. Self-inflict­ed injuries.
3. Injuries caused by the employee’s intoxication.
4. Injuries result­ing from the employee’s will­ful refusal to use safe­ty devices.
5. Injuries result­ing from horseplay.
6. Injuries result­ing from vio­la­tions of com­pa­ny policy.
7. Injuries result­ing from the employee’s fail­ure to fol­low safe­ty instructions.
8. Injuries result­ing from the employee’s gross negligence.
9. Injuries result­ing from the employee’s crim­i­nal activity. 
10. Injuries result­ing from the employee’s fail­ure to fol­low med­ical advice.

How Can I Qualify for Workers’ Compensation in Florida? 

To qual­i­fy for work­ers’ com­pen­sa­tion in the state of Flori­da, an employ­ee must have suf­fered an injury or ill­ness that arose out of and in the course of employ­ment. The employ­ee must also pro­vide the employ­er with notice of the injury or ill­ness with­in 30 days of the inci­dent. Addi­tion­al­ly, the employ­ee must pro­vide the employ­er with proof of the injury or ill­ness, such as med­ical doc­u­men­ta­tion. If all of these require­ments are met, the employ­ee may be eli­gi­ble for work­ers’ com­pen­sa­tion ben­e­fits under Flori­da law.

Will I Be Paid If I Lose Time from Work in Florida? 

Yes, employ­ees who lose time from work due to a work-relat­ed injury or ill­ness in the state of Flori­da may be eli­gi­ble for tem­po­rary dis­abil­i­ty ben­e­fits. These ben­e­fits are intend­ed to par­tial­ly replace lost wages while the employ­ee is unable to work. The amount of these ben­e­fits will vary depend­ing on the type and sever­i­ty of the injury or illness.

Do I have to pay income tax on Workers Comp money? 

No. How­ev­er, if you go back to work on light or lim­it­ed duty and are still under the care of the autho­rized doc­tor, you will pay tax­es on any wages earned while work­ing. For addi­tion­al infor­ma­tion on Income Tax, you may want to vis­it the Inter­nal Rev­enue Ser­vice web­site at: www.irs.gov

What is the Limit of Temporary Total Disability in Florida?

West­phal v. City of St. Peters­burg. In Sep­tem­ber 2013, on rehear­ing en banc, the First Dis­trict Court of Appeal with­drew a pan­el deci­sion in which the court declared the 104-week statu­to­ry cap on tem­po­rary total dis­abil­i­ty (TTD) ben­e­fits uncon­sti­tu­tion­al and revived pri­or law allow­ing up to 260 weeks of TTD ben­e­fits. The court held that “a work­er who is total­ly dis­abled as a result of a work­place acci­dent and remains total­ly dis­abled by the end of his or her eli­gi­bil­i­ty for tem­po­rary total dis­abil­i­ty ben­e­fits is deemed to be at max­i­mum med­ical improve­ment (MMI) by oper­a­tion of law and is there­fore eli­gi­ble to assert a claim for per­ma­nent and total dis­abil­i­ty ben­e­fits.” In this case, the claimant exhaust­ed TTD ben­e­fits with­out hav­ing reached MMI, cre­at­ing a “gap” peri­od where the injured claimant would no longer receive ben­e­fits, but also not be at MMI for pur­pos­es of receiv­ing per­ma­nent dis­abil­i­ty ben­e­fits. In its opin­ion, the en banc court cer­ti­fied this case to the Flori­da Supreme Court for review. The Supreme Court accept­ed juris­dic­tion over the case on Decem­ber 9, 2013, and held oral argu­ments on June 5, 2014. On June 9, 2016, the Flori­da Supreme Court found the 104-week statu­to­ry lim­i­ta­tion on tem­po­rary total dis­abil­i­ty ben­e­fits in sec­tion 440.15(2)(a), F.S., uncon­sti­tu­tion­al because it caus­es a statu­to­ry gap in ben­e­fits in vio­la­tion of an injured worker’s con­sti­tu­tion­al right of access to courts. The Supreme Court rein­stat­ed the 260-week lim­i­ta­tion in effect pri­or to the 1994 law change.

Source: https://www.floir.com/siteDocuments/2020WorkersCompensationAnnualReport.pdf

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